Multicriteria Study of the Violation of the Principle of Innocence in Traffic Accidents

Abstract

In Ecuador, most traffic crimes are caused by drivers who do not have sufficient training on the rules that regulate transportation and road safety. Traffic crimes, also known as criminal offenses, are caused by actions of recklessness, incompetence, or non-compliance with legal norms. In traffic crimes, the principle of innocence is often violated due to the inadequate application of the constitutional principle of presumption of innocence. That is why the present work aims to determine the factors that violate the principle of innocence in traffic accidents and that violate the constitutional norm and propose potential strategies to mitigate its effect on society. For this, the AHPS and Vikor methods were used. It was obtained as a result that there is arbitrariness in jurisdictional actions and that constitutional precepts are violated, including the freedom of the individual. A reform project to the current regulations to change the misconception that justice operators have in constitutional law is proposed so that in this way they are not violated in judicial processes.